Thursday, January 23, 2020

What Are the Extradition Laws in Arizona?

Extradition involves the delivery of a detained offender from the arresting party to the jurisdiction of the requesting party. The most common underlying cause of an extradition request is an outstanding warrant of arrest.

Extradition Laws

In general, extradition cases fall under three main types:

International Extradition:

The jurisdiction requesting for the extradition is another country. For example, extraditing a detained criminal from the US to Italy.

Interstate Extradition:

The jurisdiction requesting for the extradition is another US state. For example, extraditing a detained criminal from the Arizona to California.

Intrastate Extradition:

The jurisdiction requesting for the extradition is within the same state. For example, extraditing a detained criminal from Mohave County to Yuma County.

International extradition differs widely from cases of interstate extradition. Unlike in interstate extradition where states can extradite detainees freely by virtue of the US Uniform Criminal Extradition Act, an international extradition act is governed by international laws.

Existing international policies, procedures, and treaties need to be respected and considered. Things get even more complicated when people seeking asylum are involved.

There is also as slight difference between interstate and intrastate extradition cases. In interstate extradition, the case may only proceed after the governor issues an official warrant. This may not be necessary for intrastate extradition. The case may proceed without passing through the office of the governor. A simple transport arrangement may be all it needs for the extradition case to proceed.

Extradition Laws in Arizona

In Arizona, as well as in other states that allow it, extradition is a serious matter. Regardless of the charge, be it a felony or a misdemeanor, the offender may be incarcerated right after detainment – even if the detainee is not guilty of the charges.

This is because the objective is to make sure the individual is safely held and transported for court appearance in the proper jurisdiction. However, this may make the detainee feel like he is already a convicted and sentenced criminal.

If you are the subject of an extradition case, and you feel the need to fight it, you can seek the help of an experienced and reputable criminal law firm like the Law Offices of Gary L Rohlwing. In case extradition is inevitable, your lawyer can make sure that you get fair treatment throughout the entire process, and all your rights are upheld.

When to Get the Services of a Lawyer for Your Extradition Case

The best time to fight an impending extradition is before you are even detained. If you are a resident in the state of Arizona, and a warrant has been issued for your arrest in another country or state, it is best that you contact the Law Offices of Gary L Rohlwing right away.

This way, your lawyer may be able to quell the warrant. He can likewise arrange for you to surrender voluntarily in front of a judge. While the judge may not agree to dropping the charges, your voluntary surrender, will at the very least have a positive impact on your case. This may also allow you to avoid extradition.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692


Thursday, January 16, 2020

Are Gun Owners Who Have Been Convicted of a DUI More Likely to Commit a Crime?

A new study conducted by researchers from the University of California in Davis suggests that people convicted of a DUI are more likely to commit a violent gun crime. The study sought to answer the question: Are legal handgun purchasers with a prior DUI conviction at a greater risk of being subsequently arrested for a violent crime?

Researchers looked at 79,678 California residents who had legally bought a gun in 2001. In the dozen years since, they found that 9% of those with DUI convictions were later arrested for violent crimes such as aggravated assault, robbery, rape, or murder. Only 2% of those with no prior criminal history were subsequently arrested for a violent crime.

The study concluded that there is a correlation between a DUI conviction and the risk of committing violent offences among those who legally bought firearms. However, researchers clarified that they did not suggest that alcohol itself is what makes gun owners more likely to victimize others.

Instead, they suggested that many individuals who engage in alcohol-related risky behavior would also engage in other risky behaviors that threaten people’s lives. And, if a heavy drinker also has access to a gun, impaired judgment may cause them to act out if they are prone to violent behavior.

For policy makers, these studies could help them craft legislation that would help reduce gun violence in the US and save lives. There is already a pending bill in the California legislature that would include alcohol-related misdemeanors among offenses that could cause an individual to lose the right to own a gun for up to ten years.

At present, California law denies gun licenses for ten years to those convicted of a felony, as well as those who have misdemeanor convictions for, among others, crimes involving hate or violence, as well as the illegal use of firearms. SB 55, which passed the state senate by 26 to 10, would add offenses such as convictions for drunk driving, disorderly conduct while intoxicated, and public intoxication.

If SB 55 is signed into law, it could eventually lead the way for many states to pass similar legislation. Hence, those who have a DUI conviction may find in the future that their rights to own a gun are severely restricted. This means that, if you are charged with a DUI, you should seek the services of an experienced lawyer who specializes in this area of practice.

A DUI conviction in Arizona has serious consequences. Aside from fines, suspension of your driving privileges, and possible jail time, there may also be indirect consequences. For instance, you will be charged higher auto insurance rates and you may also be prevented from entering certain countries. Some employers may not hire you if you have a criminal record and you may even be fired if your current employer discovers that you have been convicted of a violent crime or a DUI.

Attorney Gary L. Rohlwing is a licensed attorney based in Arizona who has been practicing for over thirty years. He will explain what your rights are and investigate the facts of your case.

Visit the website of the Law Offices of Gary L. Rohlwing to learn more or contact him at (623) 937-1692.

The following article Are Gun Owners Who Have Been Convicted of a DUI More Likely to Commit a Crime? Read more on: GaryRohlwingLawOffices

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692


Sunday, January 12, 2020

Can the Police Use an Anonymous Tip to Stop You For a DUI Check?

Can an anonymous tip provide the police with probable cause to stop you for suspicion of driving while intoxicated? A 2014 Supreme Court decision says yes, and this has serious implications for your civil rights. In Navarette v. California, the court ruled 5-4 that, based on an anonymous call, police had the right to stop a driver to check if they are intoxicated.

The facts of the case were as follows:

On August 2008, a Humboldt County, California 911 dispatcher received a call from a driver. She reported that five minutes earlier she had been driven off the Pacific Coast Highway by a silver Ford Pickup truck (license number supplied).

Highway Patrol officers identified and trailed the vehicle. Although they did not detect any unusual activity, they pulled it over. The police found that the truck’s driver, Lorenzo Navarette, and his passenger, Jose Navarette, were not intoxicated. However, they were transporting 30 pounds of weed.

During the trial, the defendants claimed that the police had violated their fourth amendment rights since they did not have the reasonable suspicion needed to stop them. When the judge denied the motion, the defendant then pleaded guilty. He was given a 90-day jail sentence for transporting marijuana.

The Navarettes later appealed to the appellate court, but the judge once again ruled against them. They then elevated their appeal to the US Supreme Court. The Court once against found against the defendants, saying that if an anonymous tip provides reasonable doubt by demonstrating sufficient reliability, the police could make an investigatory stop.

In his dissent, however, Justice Scalia pointed out that the majority decision meant one of our basic freedoms, the right to come and go as we please, has now been curtailed. On the basis of an anonymous phone tip, undue police interference could affect our freedom of movement on the roads.

What does this ruling mean for you, the ordinary driver? Basically, it allows the police to stop you for suspicion of drunk driving when they receive a phone call or tip about you, even if they have no other basis to believe that you are drunk. The tip itself is enough to provide probable cause to stop you.

Of course, once the police stop you, they will need to validate their suspicions in order to prosecute you. This usually means that you are given a field sobriety test, a blood or urine test, or a breathalyzer test. The results will provide a basis for charging you with a DUI if they come back positive. The prosecution may also use the officers’ observations as additional evidence.

Hence, if you have been arrested for a DUI on the basis of an anonymous tip, you’ll need the services of a lawyer. Your lawyer can investigate the circumstances of your case so that they can shed doubt on the factuality of the tip.

Attorney Gary L. Rohlwing is an experienced criminal attorney that has defended thousands of DUI cases. He can help you get the best possible outcome and avoid the more serious consequences of a DUI conviction.

You can get in touch with the Law Offices of Gary L. Rohlwing at (623) 937-1692 or visit his website.

The following article Can the Police Use an Anonymous Tip to Stop You For a DUI Check? is available on Law Practice - Gary Rohlwing

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692